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Home My WebLink About2021-09-13 21-335 ORDINANCE21-335 09/13/2021 CITY COUNCIL ACTION Council Meeting Date: 09/13/2021 Item No: 21-335 Responsible Dept: Legal Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending Chapter 33, Code of Ethics, Article II. Standards of Conduct, by adding Section 33-13.1, which is titled "Use of Titles and Disclaimers." Summary This Ordinance would add Section 33-13.1, which is titled "Use of Title and Disclaimers," to the City's Code of Ethics. This ordinance is intended to clarify when and how elected and appointed City officials may use their titles. It would allow use of such titles when the City Council has authorized an individual to speak on behalf of the City, when the information conveyed is consistent with a position of the City or one of its public bodies and reference is made to that position or decision, or when it is clear that the elected or appointed official is speaking in the official's individual capacity and not on behalf of the City or one of its public bodies. Committee Action Committee: Government Operations Action: Staff Comments & Approvals City Manager Meeting Date: September 21, 2021 For: — 0!�� City Solicitor Introduced for: First Reading and Referral Against: Finance Director 21-335 09/13/2021 CITY COUNCIL ORDINANCE Date: 09/13/2021 Assigned to Councilor: Davitt ORDINANCE, Amending Chapter 33, Code of Ethics, Article II. Standards of Conduct, by adding Section 33- 13.1, which is titled "Use of Titles and Disclaimers." WHEREAS, in the past there has been dispute about how and when an elected or appointed City official may use their title, WHEREAS, the City desires to clarify how and when such titles may be used, and WHEREAS, addition of the following ordinance to the City's Code of Ethics would so clarity when the titles of elected or appointed City officials may be used, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 33 of the Code of the City of Bangor is amended as follows: 33-13.1 Use of Titles and Disclaimers A. Background Bangor public officials, whether elected or appointed, retain their full, constitutionally guaranteed, First Amendment riht s as private individuals. The Code of Ethics respects and protects these rights. One of the responsibilities of elected or appointed officials is to separate protected personal discourse from matters of governance. This section of the Code of Ethics addresses this responsibility. For the general duties of a public official to exercise fairness and impartiality see Section 33-1. B. Use of Titles In making written or oral statements, elected or appointed City officials may use their titles upon, and only upon, the followinz circumstances: 1. When so doinz does not violate any other provision of this Code of Ethics or any provision of the code of ordinances, state law, or federal law, and 2. When: a) the Citv Council has sbecifically authorized the official to sbeak on behalf of the Citv_ or (b) the information conveyed: (i) is consistent with the official position of the City as that position was adopted by 21-335 09/13/2021 the council or is consistent with the official decision of an abblicable commission, or committee and the context of the communication only involves that applicable board, commission, or committee, and (ii) references the appropriate decision by or position of the City Council, or to the decision of the applicable board, commission, or committee, or (c) when it is made clear and unambiguous that the official is speaking in their individual capacity and not on behalf of the entire City or a board, commission, or committee. C. Disclaimers Disclaimers are only required when there could be ambiguity regarding the capacity in which an elected or appointed official is communicating. In a typical disclaimer, a speaker (or writer) might say (or write), "Speaking for myself," or "Speaking as an individual," or "Although I hold the office of , I am speaking tonight as a private individual. My remarks should not be interpreted as representing y office or the City of Bangor's official policy." A speaker (or writer) might also say (or write) "I make these remarks in my personal capacity, and not as . These remarks should not be interpreted as representing the City of Bangor." The most important aspect of any disclaimer is to remove ambiguity: Section 33-13.l(B)(2)(c) makes it the official's duty to ensure that there is no ambiguity. In this regard, City Officials should be cautious of the circumstances or conditions of any statement and be wary of concerted or group action, which increases the likelihood that such action will be perceived as an act or endorsement of the City itself. D. Other Considerations Other ordinances and laws relate to the use of titles, and each must be followed. Without limitation and before using their titles, city officials should consider the following provisions: the Freedom of Access Act (Title 1, Chapter 13 of the Maine Statutes), Title 17-A, Section 608 of the Maine Revised Statutes, Section 33-1.1 of the Code of Ordinances, Section 33-7.1 of the Code of Ordinances, and Section 33-13 of the Code of Ordinances. Additions are underlined, deletions stMelt thFOUgli. IN CITY COUNCIL SEPTEMBER 13,2021 COrd 21-335 Motion made and seconded for First Reading and Referral to Planning Board Meeting on September 20,2021 Vote: 7—0 Councilors Voting Yes: Davitt,Dubay, Fournier,Nichols, Schaefer, Sprague, Tremble Councilors Voting No: None Passed e CITY CLE IN CITY COUNCIL SEPTEMER 27,2021 COrd 21-335 Motion made and seconded for Passage Motion made and seconded to Postpone to the regularly scheduled City Council meeting on October 13,2021 Vote: 7—0 Councilors Voting Yes: Davitt,Dubay,Fournier,Nichols, Schaefer, Sprague,Tremble Councilors Voting No: None Passed to Postpone CITY CLEkK IN CITY COUNCIL OCTOBER 13,2021 Cord 21-335 Motion made and seconded for Passage Vote: 6— 1 Councilors Voting Yes: Fournier,Hawes,Nichols, Schaefer, Sprague,Tremble Councilors Voting No: Davitt Passed �� (j C CLE